Factual Drama

Scope of this guidance note

This Guidance Note applies to ABC produced and commissioned factual drama
in which a creative process of interpreting and fictionalising real people and
contemporary or historical events has occurred. It also applies to the factual drama
aspects of scenario-based interactive games and dramatic works (such as Bluebird).

In terms of application to acquired material, the majority of which is non-Australian,
the key consideration is the assessment of the reputation and bona fides of the
supplier and the decision to purchase.

This Guidance Note does not apply to documentary or factual content that is wholly
or partly dramatised. Dramatised documentaries seek to reconstruct or illustrate
actual events and people’s lives as part of a factual program that follows factual
principles and construction.

The Note on interpretation in the Editorial Policies emphasises that editorial
standards need to be applied having a regard to the nature of the content and
in a way that does not unduly constrain artistic expression.

Key Editorial Standards

Excerpts of key editorial standards relevant to this Guidance Note are set out
below. Other editorial standards may also be relevant, depending on the specific
circumstances applying in each case.

2 Accuracy

2.1 Make reasonable efforts to ensure that material facts are accurate and presented in context.

2.2 Do not present factual content in a way that will materially mislead the audience. In some cases, this may require appropriate labels or other explanatory information.

4 Impartiality and diversity of perspectives

4.1 Gather and present news and information with due impartiality.

Mandatory referrals

Any decision to screen a factual drama to key people who are portrayed in
the content prior to broadcast or publication should be upward referred to
an appropriately senior ABC person designated for the purpose.

When a person refuses to co-operate with the production of a factual drama in which
they are portrayed and their role is significant or they are a child, any decision to
proceed with production must be upward referred to an appropriately senior ABC
person designated for the purpose.

Introduction

The ABC has a key role to reflect Australian social, cultural and political life from a
contemporary and historical point of view through the broadcast and publication of
drama content.

Factual drama is a powerful form of story-telling largely based on the lives of
real people and real events. The form, while primarily fiction, may contain real
archival elements, such as footage, photographs or sound recordings. While
the fictionalisation of reality creates the factual drama genre, fictionalisation
may also be required for the practicality of duration or legal reasons such as
the protection of children or victims of crime.

The extent of the fictionalisation in a factual drama can vary. Some programs
are based on a true story where all of the key characters portrayed are or were
real people (such as Curtin); while others combine real people with invented
elements to create fictionalised characters (such as Sisters of War). Some
dramas take key events of history where the accuracy of the facts and their
contextual presentation are central to the story. Others take a particular view
of a period of history, which may be contested to a greater or lesser extent.
Others may give one person’s version of a contested event where the facts
may be at issue.

In some factual drama, while the research is based on real stories further program
development has substantially fictionalised both characters and events to the point
where the real people on which the characters were based are unrecognisable. In
these instances, the veracity of the portrayal of events or people is not central to the
drama (such as Rake). This process may have occurred for dramatic reasons, or
to lessen the risk of complaints of unfair portrayal by real people or of legal action.

Accuracy

We need to ensure that facts presented as part of a factual drama are based on a
substantial and well-sourced body of evidence. Inaccuracies can be misconstrued
as partiality or a lack of fairness to a person or organisation (see Impartiality andConsultation with those portrayed below).

There is a proportionate requirement for accuracy based on the aims of the drama
itself: to the extent that the drama seeks to represent reality it will need to provide a
factual basis for that content. To the extent that the drama is inspired by reality but
largely fictionalised, it will not need to provide the same level of evidence.
Sensitivities will be heightened when a drama has as its central narrative the
portrayal of living people, people with living close relatives and/or recent
contentious events.

While based to some extent on fact, factual drama is a work of fiction. It is inevitable
that the creative realisation of some dramatic elements such as characterisation,
dialogue and setting will be fictional. In addition, there are elements of drama that
are not required to meet standards of accuracy, such as locations, props, costumes,
and casting. The most important requirement is that these elements do not distort
the facts or the portrayal of people or events in a significant and material way.

In relation to acquired content, research will be undertaken to determine if questions
have been raised about any matter of accuracy in relation to previous broadcast or
publication. Where necessary, content may need to be amended, particularly if
additional information has come to light since the material was originally produced,
broadcast or published (see Informing Audiences below).

Impartiality

In broadcasting or publishing factual drama, we must maintain the trust of the
community while acknowledging that the form is fiction, not documentary. In
protecting the ABC’s independence and integrity, we need to ensure that the ABC is
not perceived as taking an editorial stance on any significant matter of contention
that remains the subject of current debate.

In assessing impartiality, the following criteria need to be considered —

What is the subject of the factual drama? To what degree is it contentious?

What event is portrayed? Is it historical or contemporary?

If it is historical, are the events still contentious?

If the events are largely unknown to the public, could the presentation of
the content create contention or public debate? (e.g. Rabbit Proof Fence)

Who are the featured characters? Are they real people? Are they still living
or do they have close family members still living?

How contentious is their portrayal? Are they still participants in public life
in ways that are likely to be affected by their portrayal in this drama?

What is the nature of the factual drama?

Is it told from a particular point of view? If so, does it distort that point
of view to the extent that it is no longer factual?

Is it likely that this portrayal will influence the ability of the audience
to make up their mind about the matter of contention?

If the subject is contentious, what is the range of principal relevant perspectives
on the subject?

Having regard to the public importance of the matter of contention and the
extent to which it is the subject of current debate –

To what extent has the ABC already provided opportunity for other
relevant perspectives on the matter to be presented (e.g. news, current
affairs, documentary, or user-generated content)?

If the ABC has not provided such opportunity, what timeframe would be
appropriate to provide opportunities for the principal relevant perspectives
to be expressed?

Given the convergent nature of ABC content and audience consumption,
what platform would be most appropriate?

What are the circumstances in which the factual drama was made and
presented? For example, has the impact of the scheduling of the drama been
taken into consideration in terms of its impact on the people portrayed? Or the
anniversary of an event?

What are the audience’s likely expectations of the content? For example, will
the signpost provide a sufficient level of information to direct the audiences’
expectations? What media, such as published material or pre-publicity,
may have influenced these expectations? And in what direction?

Consultation with those portrayed

The ABC needs to ensure that it deals appropriately with those who are directly
affected by ABC content. Such people would include those whose lives (or whose
family members’ lives) are portrayed in a factual drama, particularly if the dramatised
character carries the name of the actual person.

Whenever appropriate, particularly when their role is significant, real people
portrayed in a factual drama, or their family members, should be notified in advance
and, where possible, their co-operation secured.

While this process may be undertaken by the independent producer, it is the ABC’s
responsibility to ensure that this notification occurs and that it is carried out with
fairness and integrity. In such cases, the process would be best managed by the
ABC (Commissioning Editor, Editorial Policy & Legal) working collaboratively with
the independent production company.

Many productions will already have some key featured people co-operating in the
development of the drama and these requests for co-operation are unlikely to be
controversial.

In the case where co-operation has been secured, it would be appropriate to inform
these people of the program’s broadcast or publication details. Screening the
content to key featured people prior to broadcast or publication may be appropriate
as a matter of courtesy. However such a decision should be upward referred, given
the potential risk to ABC independence and integrity.

Cooperation is likely to be an issue if the real person is portrayed negatively in the
drama, for example if they have been convicted of an offence or have been publically
disgraced. In these cases, it is not likely that cooperation will be secured. However,
at the appropriate stage in production, and where appropriate, those people should
be informed about the relevant details of broadcast or publication.

If a person refuses to co-operate, an assessment needs to be made of their
character’s role in the drama in order for production to proceed. If their role is
significant or they are a child, the following criteria would need to be considered
and the matter referred to the relevant director before a commitment can be made
to the production —

the fairness of the portrayal,

the extent to which the portrayal is based on a substantial and well-sourced
body of evidence, and

the extent to which the person’s portrayal and the story being told in the factual
drama is in the public interest.

If co-operation is not forthcoming, another approach may be to alter the script to
exclude that character from the drama, or to further fictionalise the character by, for
example, combining a number of characters into one. If that is not possible, and the
ABC wants to proceed, this issue must be upward referred to the relevant director
before further commitment is made to the production.

Informing audiences

The information provided to audiences about content significantly impacts
perception. In particular, information provided prior or simultaneously to a program’s
broadcast or online publication provides this context. Usually called a signpost such
information can communicate the nature of the content, to what extent it was based
on reality, whether it tells a particular story or stories, or whether it is told from a
particular point of view.

Given a factual drama may be told from a particular point of view or be based on a
particular work such as a biography or autobiography, a perception may arise that
the ABC has editorialised a real person’s story or a real event. To avoid such a
perception, a signpost may indicate the origin of the drama’s perspective.

Signposts should be tailored to the requirements of each program; the following
examples may prove helpful —

For this dramatisation, some events have been simplified and certain
characters and scenes created but what follows reflects documented facts.

This program is based on a true story, with some events, scenes and
characters created or changed for dramatic effect.

Although inspired by a true story the events and characters portrayed here
are entirely fictional/have been fictionalised.

This is the story of [insert person’s name]. Certain events and characters
have been created or changed for dramatic effect.

The program which follows could not have been made without the co-operation
of those who were there. However the characters depicted are fictional.

This drama [insert title] dramatises a nine year period in the history of [insert person’s name]. The background to events portrayed has been thoroughly
researched. Characters and their stories are fictitious.

Program publicity and marketing materials should be consistent with the core
information contained in a program’s signpost. Information about offering audiences
other perspectives on contentious subject matter such as details of additional content
may also be communicated to audiences. All such content needs to coalesce with
material communicated in a program’s signpost to ensure integrity and consistency.

Acquired factual drama should be reviewed and a decision made as to whether a
signpost is required or whether a signpost supplied as part of the content may
require amending (see Accuracy section above).

Other fact-based information may be included at the end of content (e.g. as part
of end credits) or as part of an online presence, to inform the audience about what
happened to the real people portrayed or how events changed or altered the lives
of those portrayed. This information must have a high level of factual accuracy.

Legal issues

Various legal issues may arise in the development and production of a factual
drama including:

Consent

Defamation

Contempt of Court

Privacy

ABC Legal should be consulted as soon as is appropriate for detailed advice.

Status of Guidance Note

This Guidance Note, authorised by the Managing Director, is provided to assist
interpretation of the Editorial Policies to which the Guidance Note relates. Guidance
notes provide advice to assist in the interpretation of the Editorial Policies, which
contain the standards enforceable under the ABC’s internal management processes
and under the ABC’s complaints handling procedures.

It is expected that staff will normally act in accordance with the advice contained in
Guidance Notes. In a given situation there may be good reasons to depart from the
advice. This is permissible so long as the standards of the Editorial Policies are met.
In such situations, the matter should ordinarily be referred upwards. Any mandatory
referrals specified in Guidance Notes must be complied with.